1 2025:CGHC:35936 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2540 of 2023 1 - Diamond Sahu S/o Shri Lakhanlal Sahu, Aged About 36 Years R/o Purana Thanapara, Ward No. 5, Bagbahra, Police Station And Tahsil Bagbahra, District : Mahasamund, Chhattisgarh. ... Petitioner(s) versus 1 - Convenor And Secretary, Convenor And Secretary, State Of Chhattisgarh, Committee Of Senior Secretary (Transfer Matter), Mahanadi Bhawan, Mantralaya, Police Station And Post Rakhi, Atala Nagar, Nawa Raipur, District : Raipur, Chhattisgarh. 2 - State Of Chhattisgarh, Through Its Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Mantralaya, Police Station And Post Rakhi, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh. 3 - Collector, Officer Of Collector, Mahasamund, District : Mahasamund, Chhattisgarh. 2 4 - Sub Divisional Officer (S.D.O.) Revenue, Office Of Sub Divisional Officer, Pithora, District : Mahasamund, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Ms. Priya Agrawal, Advocate on behalf of Mr. Abhishek Pandey, Advocate. For Respondent(s)/ State : Mr. Ankur Kashypa, Dy. G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 24/07/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “(i) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to produce all the relevant records relating to case of the petitioner before this Hon'ble Court for its kind perusal. (ii) That this Hon'ble Court may kindly be pleased to set aside/quash the impugned transfer order dated 3.4.2023 (Annexure P/1) passed by respondent No.4/SDO, Revenue, Pithora, Distt. Mahasamund in relation to the petitioner whereby he has been transferred from P.H.No.9 Memra to P.H.No.32 Aarangi. (iii) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to post the petitioner 3 in his previous place of posting i.e. P.H.No.9 Memra, Distt. Mahasamund (CG). (iv) That this Hon'ble Court may further be pleased to direct respondents to give suitable compensation to the petitioner for the mental trauma and agony, harassment and hardships suffered by him as also cost of the litigation.” 2. Brief facts of the case, is that, the petitioner is currently serving as a Patwari in Patwari Halka No. 9, Memra, and during his tenure, he was transferred by order dated 03.04.2023 issued by Respondent No. 4/SDO, Revenue, Pithora, District Mahasamund, from P.H. No. 9, Memra to P.H. No. 32, Aarangia distance of approximately 50 kilometers. Notably, within a short span of one year and five months, the petitioner has already been transferred four times. His wife, Smt. Durga Sahu, is currently two months pregnant, and the present transfer would cause significant hardship and mental distress, making it difficult for him to balance his official duties with family responsibilities. Hence, this petition. 3. Learned counsel for the petitioner would submit that the petitioner is victim of frequent transfer, on 18-11-2022 he was transferred from Tahsil Pithora to Tahsil Bagbahara, on 02-01- 2023 he was again transferred from Tahsil Bagbahara to Tahsil 4 Pithora and vide order dated 03-04-2023 he has been transferred from Memra to Arangi. She further submits that impugned transfer order dated 03.04.2023 is arbitrary, illegal and bad in law and deserves to be quashed. 4. Learned State Counsel submits that petitioner is a government servant holding transferable post, hence, he has no vested right to remain posted at one place and is liable to be transferred from one place to other. Impugned transfer order is issued by Competent Authority on administrative ground, hence it does not call for any interference. 5. I have heard learned counsel for the parties and perused the material available on record. 6. After a careful examination of the facts and circumstances of the the case, it is evident that the transfer order, initially issued on 02.01.2023 and was subsequently stayed by an order dated 19.04.2023. In light of the stay order and the passage of time, it has become clear that the transfer order, due to its non- implementation and the intervening legal developments, has effectively lapsed and has become inoperative. Therefore, while quashing the transfer order dated 03.04.2023, the State is granted the liberty to reconsider and issue a fresh order concerning the transfer of the petitioner, adhering to the applicable legal and procedural norms. 5 7. In view of the above, the writ petition stands disposed of accordingly, with the liberty granted to the State to pass a new order in line with the observations made herein. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat